Non-payment of gratuity ( next step?)
Roy
(Querist) 06 December 2016
This query is : Resolved
Steps followed so far, after layoff:
Number of days worked: 4 years 237 days. I was in IT and the company had 5 working days.
1) Sent employer form "I" claiming gratuity, annexure in Payment of Gratuity Act 1972. Sent email reminders, no response for 2 months. (Registered post, received acknowledgement)
2) Sent form "N" to Assistant Labor Commissioner of designated area, no reply or any change after a month of receiving application.(Registered post, received acknowledgement)
What should I do next?
Wait for reply from Labor Commissioner? If yes for how long? If no, should i file an RTI to Labour department of the respective region?
Or
Should I file a case in Labour Court in Karnataka? If yes how to go about it? Do I need to hire a lawyer?
Or
Should I file a case in Consumer Court? If yes how to go about it and is there a need to hire a lawyer?
Kumar Doab
(Expert) 06 December 2016
You are eligible for Payment of Gratuity with interest @10%pa from LWD.
The Controlling Authority of Gratuity is to be approached.
You could have involved IT/ITeS employee's unions.
Rajendra K Goyal
(Expert) 06 December 2016
You can use RTI to know the fate of your application sent to labor commissioner.
Kumar Doab
(Expert) 06 December 2016
In addition you may be eligible for lay off/retrenchment compensation, terminal benefits.
Did you put up the matters in 'grievance redressal committee'?
Kumar Doab
(Expert) 06 December 2016
I have sent you 4 links.
You may pick up relevant points.
Rajendra K Goyal
(Expert) 06 December 2016
May proceed as advised by the expert Kumar Doab.
Roy
(Querist) 06 December 2016
Thanks for your help.
I have received retrenchment so that is taken care of.
Controlling Authority of Gratuity is labor commissioner of state right? or who would that be?
There isn't any PIO listed on either of the websites:
http://labour.kar.nic.in/labour/default.asp
http://iboblr.in/labour/?page_id=195
I spoke to the Addl Commissioner who I had written to ,he told me his jurisdiction has changed and there is some new law about whom the matter has to be sent and its some other labour officer. He also said something about it being a civil case.But no info on website.
Half the phone numbers don't work. If I don't write the correct person's address in Labour office, the letter gets sent back.
Wasn't aware of 'grievance redressal committee', not even sure that will apply as the company is a agri company whose IT department is where I worked.
Because of all this headache/confusion, I want to hire a lawyer, who would be knowledgable about all of this. Not sure how to go about it and how much they charge.
Kumar Doab
(Expert) 07 December 2016
AS per operations of the company in state/states decide appropriate government in your case and accordingly approach appropriate authority e.g;
ALCC ( ALC-Central) , DLC-state
'grievance redressal committee'; As per query in the thread it was believed that it is IT/ITeS establishment.Refer to ID act. 'grievance redressal committee', Works Committee are mentioned.
IT/ITeS employees unions can embrace you.
At Dept. of Labor website you will find list of Trade Unions. Check with them also.
Local Lawyer; Visit Labor court/CGIT, CAT,Civil courts and inquire about counsel specializing in labor/service matters.
